(a) A request to establish a trust fund for the Events Trust Fund Program must contain:
  (1) a complete and signed application;
  (2) documentation from the endorsing municipality or endorsing county requesting participation in the trust fund program and signed by a person authorized to bind the municipality or county;
  (3) a signed letter from the site selection organization selecting the site in Texas that includes all the information necessary to establish that the site was selected through a highly competitive selection process; and
  (4) an economic impact study or other data sufficient for the Office to make the determination of the estimated incremental increase in tax revenue directly attributable to the preparation or presentation of the event, including any data for any related activities.
    (A) the economic impact study and other data submitted must contain detailed information on the direct expenditures and direct spending data for the event for the requested market area.
    (B) all economic impact studies and other data submitted by the applicant shall address only the incremental increase in tax receipts for the tax types identified in Texas Revised Civil Statutes, Article 5190.14, Section 5C(b)(1)-(5). Information regarding other actual or estimated economic impacts will not be considered by the Office.
    (C) any economic impact study submitted shall include a certification from the person(s) who prepared the study for the application, attesting to the accuracy of the information provided.
(b) The request for participation and the economic impact report should propose the applicant's desired market area and include information to support the choice of market area. The Office shall make the final determination establishing the market area. An endorsing municipality or endorsing county that has been selected as the site for the event must be included in the market area for the event.
(c) The request for participation and the economic impact report should include a list of all event activities proposed to be included in the estimate and must include data for each activity, including, at a minimum:
  (1) projected attendance figures;
  (2) a description of the methodology that will be used for determining the total actual attendance at the event;
  (3) the projected spending of attendees; and
  (4) any anticipated expenditure information related to the activity.
(d) The request for participation must be accompanied by a certification provided by an authorized representative from each endorsing municipality, endorsing county, and local organizing committee (if applicable) attesting to the accuracy of the information provided.
(e) The Office is not required to review or act on a request for participation that does not contain all items in subsections (a) - (d) of this section.
(f) A request for participation must be submitted not later than 120 days before the date the event begins. Requests submitted outside this time frame shall not be reviewed.
(g) The Office may issue guidance to establish, interpret, or clarify requirements for the submission of requests to participate in the Events Trust Fund Program. Compliance with any such guidance shall be required by the Applicant. Any such guidance must be consistent with all applicable statutes and this chapter.
(h) All requests and required documentation must be submitted electronically to: eventsfund@gov.texas.gov.
(i) The Office shall make a determination of the amount of incremental increase in tax receipts not later than the 30th day after the date the Office receives the completed request for participation and all related information required by this section, and not later than three months before the date of the event.

Source Note: The provisions of this §184.22 adopted to be effective January 1, 2017, 41 TexReg 10263